Texas Amends Residential Mortgage Loan Company Licensing and Registration Act Rules

Texas adopted rules amending the Residential Mortgage Loan Company Licensing and Registration Act. Under the adopted rules, a residential mortgage loan company or loan originator may not do any of the following unless permitted pursuant to the federal Real Estate Settlement Procedures Act:

  • offer or agree to share or split any loan origination fees with an applicant;
  • rebate all or part of an origination fee to a mortgage applicant;
  • reduce established compensation to benefit a mortgage applicant; or
  • provide money or anything of value to a mortgage applicant in connection with mortgage loan origination services.

The adopted rules also amended provisions with respect to advertisements, disclosures, recordkeeping, discount points and office requirements. The adopted rules went into effect January 3, 2021.

See Texas Secretary of State website for the full text of the Regulations:

https://www.sos.state.tx.us/texreg/archive/January12021/Adopted%20Rules/7.BANKING%20AND%20SECURITIES.html#107

https://www.sos.state.tx.us/texreg/archive/September252020/Proposed%20Rules/7.BANKING%20AND%20SECURITIES.html#7

* Note that both links need to be viewed in conjunction with each other to get the full text of the regulations.

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